CALVIN WEATHERSPOON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2015-08-19
No. 4D12-2775
CIKLIN, C.J., WARNER and GERBER, JJ., concur.
191 So. 3d 481 Florida District Court of Appeal, Fourth District (2015) Positive Treatment
Cited by 2 cases
Topics
Attempted Premeditated Murder Attempted Felony Murder Premeditated Murder Attempted Murder

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Opinion of the Court
PER CURIAM.

ON MOTION REQUESTING CERTIFICATION OF QUESTION OF GREAT PUBLIC IMPORTANCE

PER CURIAM.

We grant the appellant’s motion to certify a question of great public importance and certify the following question to the supreme court:

IN LIGHT OF THE LEGISLATURE’S CREATION OF SECTION 782.051, WHICH CREATED A CRIME CALLED “ATTEMPTED FELONY MURDER,” THAT WAS PREVIOUSLY DECLARED BY STATE V. GRAY, 654 So.2d 552 (Fla.1995), TO BE A NONEXISTENT CRIME UNDER SECTION 782.04(1)(A), DOES THE STATE NEED TO SPECIFICALLY ALLEGE THE ELEMENTS OF AND CITE TO SECTION 782.051 OR DOES AN ALLEGATION OF ATTEMPTED PREMEDITATED MURDER AUTOMATICALLY INCLUDE ATTEMPTED FELONYMURDER, JUST AS AN INDICTMENT FOR PREMEDITATED MURDER AUTOMATICALLY INCLUDES FELONY MURDER?

We deem it a question of great public importance because the issue affects all attempted felony murder prosecutions and how the state charges a defendant for attempted felony murder after the enactment of section 782.051, Florida Statutes.

CIKLIN, C.J., WARNER and GERBER, JJ., concur.

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Cited By

  • Weatherspoon v. State, 214 So. 3d 578 (Fla. 2017)
    …ELEMENTS OF AND CITE TO SECTION 782.051 OR DOES AN ALLEGATION OF ATTEMPTED PREMEDITATED MURDER AUTOMATICALLY INCLUDE ATTEMPTED FELONY MURDER, JUST AS AN INDICTMENT FOR PREMEDITATED MURDER AUTOMATICALLY INCLUDES FELONY MURDER? Weatherspoon v. State, 191 So. 3d 481, 481 (Fla. 4th DCA 2015). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We conclude that the Fourth District’s reliance on this Court’s precedent in the felony murder and first-degree premeditated murder context was misplaced because att…

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